Jacksonville, FL asked in Landlord - Tenant for Florida

Q: Rec'd security deposit check 9/29 for $300 less with note stating they replaced both bathroom and kitchen faucets.

Owner selling house we rented on a 1 year lease. Move out was 9/15/16. Rental agent (RA) (fiance) saw bathrooms and kitchen 8/17/16 with "granite installer" to measure. Nothing said about faucets which were in perfect condition. RA's contractor there 9/15/16 installed granite and new faucets. My movers and RA were there with me. Nothing mentioned about the faucets then. I don't know where the original faucets went. I was packing, directing movers and staying out of the way. When they left the RA told me not to sweep (I did anyway) or do carpets (done 2 days before) as contractors were coming. We parted amiably. I took photos of all but the sinks had new faucets.

Called owner "to discuss check I received" 9/29, no call back. Texted her and RA 9/30 stating they violated FL LLT Statute please call to discuss. Texted me back they're sending me a cert. letter. Per LLT did they void their chance to file a claim? Can I cash the initial check or will that hurt? I'm paying for their upgrades!

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1 Lawyer Answer
Terrence H Thorgaard
Terrence H Thorgaard
Answered
  • Freeeport, FL
  • Licensed in Florida

A: Florida Statute 83.4 provides in pertinent part that

"... (3) ... (a) Upon the vacating of the premises for termination of the lease, if the landlord does not intend to impose a claim on the security deposit, the landlord shall have 15 days to return the security deposit together with interest if otherwise required, or the landlord shall have 30 days to give the tenant written notice by certified mail to the tenant’s last known mailing address of his or her intention to impose a claim on the deposit and the reason for imposing the claim. ..."

So, since the landlord DOES intend to impose a claim on the deposit, it has until October 15th to get the notice to you by certified mail.

The subsection of the statute goes on to say:

"(b) Unless the tenant objects to the imposition of the landlord’s claim or the amount thereof within 15 days after receipt of the landlord’s notice of intention to impose a claim, the landlord may then deduct the amount of his or her claim and shall remit the balance of the deposit to the tenant within 30 days after the date of the notice of intention to impose a claim for damages. The failure of the tenant to make a timely objection does not waive any rights of the tenant to seek damages in a separate action.

(c) If either party institutes an action in a court of competent jurisdiction to adjudicate the party’s right to the security deposit, the prevailing party is entitled to receive his or her court costs plus a reasonable fee for his or her attorney. The court shall advance the cause on the calendar."

Thus you want to object (within 15 days after you receive the notice), wait 30 days, and then file a small claims action to recover the amount deducted from your deposit.

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